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MILLEN v. STATE

988 S.W.2d 164 (1999)

Bryant Dewayne MILLEN, Appellant, v. STATE of Tennessee, Appellee.

Supreme Court of Tennessee, at Jackson.

April 26, 1999.

Attorney(s) appearing for the Case

Leslie I. Ballin, Mark A. Mesler, Ballin, Ballin & Fishman, P.C., Memphis, Tennessee, for Appellant.

John Knox Walkup, Attorney General & Reporter, Michael E. Moore, Solicitor General, Daryl J. Brand, Senior Counsel Criminal Justice Division, Nashville, Tennessee, John W. Pierotti, District Attorney General, Thomas D. Henderson, Assistant District Attorney General, Memphis, Tennessee, for Appellee.

OPINION

ANDERSON, C.J.

We granted this appeal to determine whether one who intends to kill a specific person but instead kills an innocent bystander may be convicted of premeditated and deliberate first degree murder under the common law doctrine of "transferred intent."1

The defendant, who intentionally fired several gunshots at a specific person but inadvertently killed a random victim near the scene, was convicted...

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